Girard v. Taggart
Supreme Court of Pennsylvania
THIS cause was tried before the Chief Justice in November last, and the case proved by the plaintiff was as follows: — The plaintiff employed Messrs.
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THIS cause was tried before the Chief Justice in November last, and the case proved by the plaintiff was as follows: — The plaintiff employed Messrs. Montmollin and Moses, licensed auctioneers in this city, to sell a large quantity of goods for him, consisting principally of teas, which . T. , r r , r „ were m his own warehouse. 1 he terms of sale were, for all purchases not exceeding 1000 dollars, payment to be made in cash ; if above 1000 dollars, and not more than 2000 dollars, payment to be in approved indorsed paper, payable in 60 days, to be given and approved previous to the delivery…
1Opinion of the Court
Tilghman C. J.
(After stating the principal facts.) 1. By the principles of the common law, the sale of the factor is the sale of the principal, the factor being no more than the instrument by whom the principal acts. An action may indeed be supported by the factor, and a payment made to him is good, unless forbidden by the principal. But the principal may take the collection into his own hands, and *28maintain an action in his own name. This power of collection, however, is subject to certain restrictions. The factor has a lien to the amount of his account against the principal; ancl ^ goods…
2Cases cited1 opinion
- Price v. Ralston, Assignee of Pollard, a BankruptSupreme Court of the United States · 1790
3Cited by4 opinions
- M'Combs v. M'KennanSupreme Court of Pennsylvania · 1841
- Rinehart v. OlwineSupreme Court of Pennsylvania · 1843
- Stetson v. GoldsmithSupreme Court of Alabama · 1857
- Shenk v. MingleSupreme Court of Pennsylvania · 1825